DCT

4:24-cv-00626

Morris Routing Tech LLC v. Verizon Communications Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 4:24-cv-00626, E.D. Tex., 10/04/2024
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant Verizon maintains regular and established places of business in the Eastern District of Texas, advertises its services within the district, and has committed acts of infringement in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s telecommunications networks, which utilize Segment Routing (SR) technology, infringe a portfolio of nine patents related to methods for routing data packets using path-based protocol addresses.
  • Technical Context: The lawsuit concerns Segment Routing (SR-MPLS and SRv6), a network routing technology that simplifies network operations and enables advanced traffic engineering, which is significant for managing traffic in large-scale networks, including 5G mobile networks.
  • Key Procedural History: This First Amended Complaint was filed to add U.S. Patent No. 12,058,042, which issued after the original complaint was filed. The complaint alleges that Verizon has been an active participant in standards-setting organizations (e.g., IETF, 3GPP, ETSI) that have developed and adopted technical standards for the accused Segment Routing technologies, which may raise questions regarding Defendant's knowledge of the technology.

Case Timeline

Date Event
2012-12-27 Earliest Priority Date for '737, '327, '624, '625, '582, '997, '334, '198, '042 Patents
2019-07-30 U.S. Patent No. 10,367,737 Issues
2019-08-13 U.S. Patent No. 10,382,327 Issues
2019-08-20 U.S. Patent No. 10,389,624 Issues
2019-08-20 U.S. Patent No. 10,389,625 Issues
2019-09-03 U.S. Patent No. 10,404,582 Issues
2019-09-10 U.S. Patent No. 10,411,997 Issues
2019-09-17 U.S. Patent No. 10,419,334 Issues
2020-11-17 U.S. Patent No. 10,841,198 Issues
2024-08-06 U.S. Patent No. 12,058,042 Issues
2024-10-04 First Amended Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,367,737 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS

Issued July 30, 2019

The Invention Explained

  • Problem Addressed: The patent background describes scalability and latency problems arising from the historical growth of the internet, noting that traditional IP/MPLS routing relies on hop-by-hop forwarding decisions based on routing tables maintained at each node, which becomes inefficient at scale (Compl. ¶¶ 18-19; '737 Patent, col. 1:66-2:51). This approach requires network nodes to maintain extensive "per-flow state" information, which limits scalability and flexibility (Compl. ¶¶ 19, 21).
  • The Patented Solution: The invention proposes a method of "source routing" where the path a data packet should take is encoded directly into the packet's header as a sequence of "path segment identifiers" ('737 Patent, col. 5:18-21; Compl. ¶ 21). At each node, the system reads the "active" identifier to determine the next hop, updates which identifier is now active, and forwards the packet. This removes the need for intermediate routers to maintain state information for each data flow, as the path instructions are carried with the packet itself ('737 Patent, col. 31:17-24; Compl. ¶ 26).
  • Technical Importance: This approach, known commercially as Segment Routing, simplifies network architecture by reducing the control plane complexity and state management required in routers, enabling more flexible and scalable traffic engineering (Compl. ¶¶ 21, 25).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶ 65).
  • Essential Elements of Claim 1: A method at a first network node comprising:
    • Generating a data structure that maps a "first path segment identifier" to a "first network interface," where the identifier is selected based on a policy, metric, or routing table.
    • Receiving an incoming data packet whose header contains network path information, with the "first path segment identifier" designated as an "active identifier."
    • Identifying a "second path segment identifier" to become the new active identifier in the outgoing packet's header.
    • Forwarding the outgoing packet via the "first network interface" identified from the mapping, where the "second path segment identifier" in the outgoing packet identifies a network interface of a different node.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,382,327 - METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS FOR ROUTING USING HEADERS INCLUDING A SEQUENCE OF NODE SCOPE-SPECIFIC IDENTIFIERS

Issued August 13, 2019

The Invention Explained

  • Problem Addressed: The invention addresses the same underlying problem as the '737 Patent: the inefficiency and scalability limitations of traditional hop-by-hop routing protocols that require maintaining explicit state information at every hop along a path (Compl. ¶¶ 18-19).
  • The Patented Solution: This patent details a routing method using a sequence of "node scope-specific identifiers" embedded in a packet header ('327 Patent, Abstract). A source node selects a path and encodes it as an ordered list of these identifiers. Each identifier is meaningful within the local context ("scope") of a specific node along the path. A node processes the first identifier in the sequence to determine the next hop, conceptually removing it from the list before forwarding, allowing the next node to process the subsequent identifier ('327 Patent, col. 2:5-24; Compl. ¶¶ 21-22).
  • Technical Importance: This method allows a source to define a precise path for a packet without requiring intermediate routers to maintain per-flow state, thereby simplifying network operations and enhancing traffic engineering capabilities (Compl. ¶¶ 24-25).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶ 73).
  • Essential Elements of Claim 1: An apparatus comprising a current node in an MPLS network configured to:
    • Detect data for transmission to a receiving node.
    • Identify a "sequence of node scope-specific identifiers" selected based on the current node, receiving node, or a policy, where each identifier belongs to an identifier space specific to a corresponding node in the path.
    • Identify a "first one" of the identifiers in the sequence.
    • Identify a "next node" based on that first identifier.
    • Generate a header containing the remaining identifiers in the sequence.
    • Transmit the data and header to the next node based on the first identifier.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,389,624 - SCOPED IDENTIFIER SPACE ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS

Issued August 20, 2019

  • Technology Synopsis: This patent describes a network controller that manages routing by identifying nodes and their specific "scoped identifier spaces." The controller determines network paths, stores this path information, and provides it to nodes upon request, enabling them to route data using these localized identifiers.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 81).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 81).

U.S. Patent No. 10,389,625 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS FOR USING SPECIFIC IDENTIFIERS TO TRANSMIT DATA

Issued August 20, 2019

  • Technology Synopsis: This patent focuses on a node's ability to receive information about an identifier specific to a different ("next") node's local context. The current node then maps that identifier to one in its own local context, stores the association, and uses this mapping to forward data to the correct next hop.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 89).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 89).

U.S. Patent No. 10,404,582 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS USING AN OUTSIDE-SCOPE IDENTIFIER

Issued September 3, 2019

  • Technology Synopsis: This patent describes a method for routing using an "outside-scope identifier" which identifies a region that does not include the current node but does include the receiving node. The current node uses this regional identifier, without needing a specific network interface identifier for the destination, to forward a packet into that region.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 97).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 97).

U.S. Patent No. 10,411,997 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS USING A REGION SCOPED NODE IDENTIFIER

Issued September 10, 2019

  • Technology Synopsis: This invention relates to using a "region scoped node identifier" from a packet header to route data. The identifier is valid across a specific region of the network. A node uses this identifier to select a path from a routing table and forward the packet toward the destination.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 105).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 105).

U.S. Patent No. 10,419,334 - INTERNET PROTOCOL ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS

Issued September 17, 2019

  • Technology Synopsis: This patent describes a method for routing based on receiving an indication of a packet's receipt from a previous node. It involves identifying an "outside-scope identifier" in the packet header, which points to a remote region, and executing an associated operation before forwarding the packet to the next hop.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 113).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 113).

U.S. Patent No. 10,841,198 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS

Issued November 17, 2020

  • Technology Synopsis: This patent describes a method where a node receives a packet with a header containing a segment identifier associated with a specific algorithm. The node processes the identifier to determine a path based on that algorithm and forwards the packet; it can then do the same for a second packet with a different identifier and algorithm.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 121).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 121).

U.S. Patent No. 12,058,042 - ROUTING METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS

Issued August 6, 2024

  • Technology Synopsis: This invention covers a topology node that creates routing information for a network. It identifies sequences of identifiers for different paths, combines them based on a policy to create a constrained route, and provides this path information to network nodes for use in routing data.
  • Asserted Claims: At least Claim 1 (Compl. ¶ 129).
  • Accused Features: Verizon's networks that support Segment Routing functionality as specified in SR RFCs (Compl. ¶¶ 60, 129).

III. The Accused Instrumentality

  • Product Identification: The accused instrumentalities are "Verizon's Networks," which include fixed-line, wireless (including 5G stand-alone), and Public Safety networks operated under brands such as "Verizon," "Frontline," and "Tracfone" (Compl. ¶ 58).
  • Functionality and Market Context: The complaint alleges these networks support the functionality specified in the Internet Engineering Task Force (IETF) Segment Routing Requests for Comments ("SR RFCs"), including SR-MPLS and SRv6 (Compl. ¶¶ 17, 38-45, 60). SR technology is alleged to be a "key enabling technology for 5G," used for traffic engineering and network slicing (Compl. ¶ 30). The accused functionality includes virtualized (NFV) and O-RAN compliant components like the Verizon Cloud Platform and 5G SA cores (Compl. ¶ 59). The complaint alleges that Verizon relies on network infrastructure components from vendors including Ericsson, Nokia, Juniper, and Samsung to implement SR capabilities (Compl. ¶ 59).

IV. Analysis of Infringement Allegations

The complaint references but does not include claim chart exhibits detailing its infringement theories (Compl. ¶¶ 66, 74). The narrative infringement theory is summarized below. No probative visual evidence provided in complaint.

  • '737 Patent Infringement Allegations
    • The complaint alleges that Verizon's networks directly infringe at least Claim 1 of the '737 Patent (Compl. ¶ 65). The core of the allegation is that Verizon's networks, by implementing SR protocols, perform the claimed method of path-based routing. This involves network nodes (routers, switches) generating and using mappings of segment identifiers (like MPLS labels or SRv6 SIDs) to network interfaces, receiving packets with these identifiers in the header, updating the active identifier, and forwarding the packets according to the mapping, thereby reducing the need for state to be maintained at each hop (Compl. ¶¶ 21, 60, 65).
  • '327 Patent Infringement Allegations
    • The complaint alleges direct infringement of at least Claim 1 of the '327 Patent by Verizon's SR-capable networks (Compl. ¶ 73). The infringement theory posits that these networks use packet headers containing a "sequence of node scope-specific identifiers" to direct traffic. A source node allegedly selects a path, encodes it as a sequence of these identifiers, and transmits the packet. Each subsequent node in the path is alleged to read the next identifier in the sequence to determine the next hop, consistent with the claimed method (Compl. ¶¶ 22-23, 73).
  • Identified Points of Contention:
    • Scope Questions: A central question may be whether the identifiers used in the standardized SR-MPLS and SRv6 protocols (e.g., MPLS labels, SRv6 Segment IDs) fall within the patent's definitions of terms like "path segment identifier" ('737 Patent) and "node scope-specific identifiers" ('327 Patent). The defense may argue that the claim terms, as defined by the patent's specification, require features distinct from those implemented in the accused standards.
    • Technical Questions: The infringement analysis may focus on whether the operational details of Verizon's multi-vendor network precisely match each step of the claimed methods. For example, what evidence shows that Verizon's systems "generate a first data structure" mapping identifiers to interfaces as claimed in the '737 Patent, or that they "identify a sequence" of identifiers based on the specific criteria recited in Claim 1 of the '327 Patent?

V. Key Claim Terms for Construction

  • For the '737 Patent:
    • The Term: "path segment identifier"
    • Context and Importance: This term is the fundamental unit of routing information in Claim 1. Its construction will determine whether standardized elements like an MPLS label or an SRv6 Segment Identifier (SID), which Verizon's networks allegedly use, are covered by the claim. Practitioners may focus on this term because the outcome could dictate whether the patent reads on the widely adopted SR standards.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification states that a path-based protocol address "includes one or more path segment identifiers that identify one or more respective portions of a network path," suggesting the term could be broadly interpreted to cover any identifier representing a portion of a route ('737 Patent, col. 10:55-59).
      • Evidence for a Narrower Interpretation: The detailed description provides specific examples, such as identifiers representing a sequence like "1.2.2.3.2" ('737 Patent, col. 23:25-30). A party might argue these examples limit the term's scope to identifiers with a specific hierarchical or sequential structure not present in all accused technologies.
  • For the '327 Patent:
    • The Term: "node scope-specific identifiers"
    • Context and Importance: This term is central to Claim 1 of the '327 patent. The infringement case depends on whether the MPLS labels or SRv6 SIDs used in Verizon's network are "specific" to the "scope" of a particular node, as the patent defines it. This construction is critical because if the accused identifiers are found to be global or regional rather than "node scope-specific," infringement may be avoided.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification states that a "node-specific address" is one where "what it identifies depends on the node to which is defined as specific" ('327 Patent, col. 12:44-46). This could support an interpretation where any locally significant routing label, such as an MPLS label that is swapped at each hop, qualifies.
      • Evidence for a Narrower Interpretation: The abstract describes a "plurality of node scope-specific identifier spaces that is specific to a corresponding one of a plurality of nodes in a path." A party could argue this requires a system of distinct, formally defined "spaces" for each node, potentially a more structured system than what is implemented in standard SR protocols.

VI. Other Allegations

  • Indirect Infringement: The complaint does not include a separate count for indirect infringement. However, it alleges facts that may support such a claim, including that Verizon participated in the IETF SPRING working group, contributed to the SR RFCs, and is a member of other standards bodies (3GPP, ETSI) that have specified SRv6 as a required technology for 5G network slicing (Compl. ¶¶ 46, 51-54). These allegations suggest Verizon had knowledge of the technology and may have encouraged its implementation and use across its networks and by its equipment suppliers.

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope: can the patent-specific terms "path segment identifier" and "node scope-specific identifier" be construed to cover the standardized identifiers used in SR-MPLS and SRv6 protocols? The case may turn on whether the patent's definitions encompass these widely adopted industry standards or describe a more specific, distinct system.
  • A second central question will be one of technical implementation: assuming the claim terms are construed broadly enough to read on SR technology, what evidence will demonstrate that Verizon's complex, multi-vendor network practices each and every step of the asserted method claims? The dispute will likely focus on specific operational details, such as how routing information is generated, stored, and processed at each node, and whether these real-world operations match the precise functions recited in the claims.
  • A third issue may be the role of industry standards: given Verizon's alleged participation in the development and adoption of the accused SR standards, questions may arise regarding knowledge, intent, and potential defenses related to industry standardization, even if not explicitly framed as a standards-essential patent (SEP) dispute.